The battle for the future of the Open Web is taking place as a new document model merges into a platform for highly graphical, interactive and information rich applications. Open source communities vie with dominant vendors Adobe, Microsoft, Apple, Cisco, Nokia and Google to stake out their claims as open source innovations collide with standards consortia and proprietary alternatives.

EFF filed a brief in federal court arguing that a lower court’s ruling jeopardizes the online platforms that make the Internet a robust platform for users’ free speech.

The brief, filed in the U.S. Court of Appeals for the Ninth Circuit, argues that 47 U.S.C. § 230, enacted as part of the Communications Decency Act (known simply as “Section 230”) broadly protects online platforms, including review websites, when they aggregate or otherwise edit users’ posts.

Generally, Section 230 provides legal immunity for online intermediaries that host or republish speech by protecting them against a range of laws that might otherwise be used to hold them legally responsible for what others say and do.

Section 230’s immunity directly led to the development of the platforms everyone uses today, allowing people to upload videos to their favorite platforms such as YouTube, as well as leave reviews on Amazon or Yelp. It also incentivizes the creation of new platforms that can host users’ content, leading to more innovation that enables the robust free speech found online.

In the case, Consumer Cellular alleged, among other things, that ConsumerAffairs.com should be held liable for aggregating negative reviews about its business into a star rating. It also alleged that ConsumerAffairs.com edited or otherwise deleted certain reviews of Consumer Cellular in bad faith.

Courts and the text of Section 230, however, plainly allow platforms to edit or aggregate user-generated content into summaries or star ratings without incurring legal liability, EFF’s brief argues. It goes on: “And any function protected by Section 230 remains so regardless of the publisher’s intent.”

By allowing Consumer Cellular’s claims against ConsumerAffairs.com to proceed, the lower court seriously undercut Section 230’s legal immunity for online platforms. If the decision is allowed to stand, EFF’s brief argues, then platforms may take steps to further censor or otherwise restrict user content out of fear of being held liable.

That outcome, EFF warns, could seriously diminish the Internet’s ability to serve as a diverse forum for free speech.

The Internet it is constructed of and depends upon intermediaries. The many varied online intermediary platforms, including Twitter, Reddit, YouTube, and Instagram, all give a single person, with minimal resources, almost anywhere in the world the ability to communicate with the rest of the world. Without intermediaries, that speaker would need technical skill and money that most people lack to disseminate their message. If our legal system fails to robustly protect intermediaries, it fails to protect free speech online.

10 years ago, everybody was on MySpace. 10 years from now, the Twitters and Facebooks and YouTubes of today will be dinosaurs, abandoned by users sick of censorship and centralized control. Thankfully, the alternatives to these social media dinosaurs are already here, and they’re blockchain-based, torrent friendly, decentralized and censorship resistant.

Wednesday, January 11, 2017

The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed the transfer of European citizens’ data to the US. The Court’s decision concluded that the indiscriminate nature of the surveillance programs carried out by U.S. intelligence agencies, exposed two years earlier by NSA-contractor-turned-whistleblower Edward Snowden, had made it impossible to ensure that the personal data of E.U. citizens would be adequately protected when shared with American companies. The ruling thus served to further solidify the long-standing conventional wisdom that Continental Europe is better at protecting privacy than America.

However, Europe’s ability to continue to take this moral high ground is rapidly declining. In recent months, and in the wake of a series of terrorist attacks across Europe, Germany, France and the United Kingdom — Europe’s biggest superpowers — have passed laws granting their surveillance agencies virtually unfettered power to conduct bulk interception of communications across Europe and beyond, with limited to no effective oversight or procedural safeguards from abuse.

Saturday, January 07, 2017

An entry in something the government calls a “Manhunting Timeline” suggests that the United States pressured officials of countries around the world to prosecute WikiLeaks editor-in-chief, Julian Assange, in 2010.

The file—marked unclassified, revealed by National Security Agency whistleblower Edward Snowden and published by The Intercept—is dated August 2010. Under the headline, “United States, Australia, Great Britain, Germany, Iceland” – it states:

The United States on 10 August urged other nations with forces in Afghanistan, including Australia, United Kingdom and Germany, to consider filing criminal charges against Julian Assange, founder of the rogue WikiLeaks Internet website and responsible for the unauthorized publication of over 70,000 classified documents covering the war in Afghanistan. The documents may have been provided to WikiLeaks by Army Private First Class Bradley Manning. The appeal exemplifies the start of an international effort to focus the legal element of national power upon non-state actor Assange and the human network that supports WikiLeaks.

Another document—a top-secret page from an internal wiki—indicates there has been discussion in the NSA with the Threat Operations Center Oversight and Compliance (NOC) and Office of General Counsel (OGC) on the legality of designating WikiLeaks a “malicious foreign actor” and whether this would make it permissible to conduct surveillance on Americans accessing the website.

“Can we treat a foreign server who stores or potentially disseminates leaked or stolen data on its server as a ‘malicious foreign actor’ for the purpose of targeting with no defeats?” Examples: WikiLeaks, thepiratebay.org). The NOC/OGC answered, “Let me get back to you.” (The page does not indicate if anyone ever got back to the NSA. And “defeats” essentially means protections.)

GCHQ, the NSA’s counterpart in the UK, had a program called “ANTICRISIS GIRL,” which could engage in “targeted website monitoring.” This means data of hundreds of users accessing a website, like WikiLeaks, could be collected. The IP addresses of readers and supporters could be monitored. The agency could even target the publisher if it had a public dropbox or submission system. NSA and GCHQ could also target the foreign “branches” of the hacktivist group, Anonymous.

An answer to another question from the wiki entry involves the question, “Is it okay to query against a foreign server known to be malicious even if there is a possibility that US persons could be using it as well? Example: thepiratebay.org.” The NOC/OGC responded, “Okay to go after foreign servers which US people use also (with no defeats). But try to minimize to ‘post’ only for example to filter out non-pertinent information.”

WikiLeaks is not an example in this question, however, if it was designated as a “malicious foreign actor,” then the NSA would do queries of American users.

Michael Ratner, a lawyer from the Center for Constitutional Rights (CCR) who represents WikiLeaks, said on “Democracy Now!”, this shows he has every reason to fear what would happen if he set foot outside of the embassy. The files show some of the extent to which the US and UK have tried to destroy WikiLeaks.

CCR added in a statement, “These NSA documents should make people understand why Julian Assange was granted diplomatic asylum, why he must be given safe passage to Ecuador, and why he must keep himself out of the hands of the United States and apparently other countries as well. These revelations only corroborate the expectation that Julian Assange is on a US target list for prosecution under the archaic “Espionage Act,” for what is nothing more than publishing evidence of government misconduct.”

“These documents demonstrate that the political persecution of WikiLeaks is very much alive,”Baltasar Garzón, the Spanish former judge who now represents the group, told The Intercept. “The paradox is that Julian Assange and the WikiLeaks organization are being treated as a threat instead of what they are: a journalist and a media organization that are exercising their fundamental right to receive and impart information in its original form, free from omission and censorship, free from partisan interests, free from economic or political pressure.”

Monday, January 02, 2017

The inexorable slide into a world without Flash continues, with Google revealing plans to phase out support for Adobe's Flash Player in its Chrome browser for all but a handful of websites. And the company expects the changes to roll out by the fourth quarter of 2016.

While it says Flash might have "historically" been a good way to present rich media online, Google is now much more partial to HTML5, thanks to faster load times and lower power use.

As a result, Flash will still come bundled with Chrome, but "its presence will not be advertised by default." Where the Flash Player is the only option for viewing content on a site, users will need to actively switch it on for individual sites. Enterprise Chrome users will also have the option of switching Flash off altogether.

Google will maintain support in the short-term for the top 10 domains using the player, including YouTube, Facebook, Yahoo, Twitch and Amazon. But this "whitelist" is set to be periodically reviewed, with sites removed if they no longer warrant an exception, and the exemption list will expire after a year.

A spokesperson for Adobe said it was working with Google in its goal of "an industry-wide transition to Open Web standards," including the adoption of HTML5.

"At the same time, given that Flash continues to be used in areas such as education, web gaming and premium video, the responsible thing for Adobe to do is to continue to support Flash with updates and fixes, as we help the industry transition," Adobe said in an emailed statement. "Looking ahead, we encourage content creators to build with new web standards."